Am I allowed to smoke weed at work in Germany?

Who hasn't had this mental image in their head, often reminiscent of an ironic depiction of the working day - a glass of whiskey next to the computer, smoking a joint to soften the working day, putting your feet up on the desk, enjoy the day and ... errr ... working on the side. In Germany, this image is closer to reality than you might think at first glance and you might ask yourself if you are allowed to smoke cannabis weed at work.

Smoking weed at work?

Because since April 1st 2024, the Cannabis Act (KcanG) BMG (Betäubungsmittelgesetz) legalized the use of cannabis with restrictions. Adults are allowed to grow and consume cannabis. The purchase of dried cannabis is exempt from punishment up to 25 g per adult in public areas and 50 g in private areas. There are restrictions for children and young people, consumption within sight of children's and youth facilities and distribution to minors.

So what does this mean for my workplace - can I make my working day nicer by bringing my joints with me? - Well, not really. In principle, it is no longer a criminal offense to consume cannabis. Nevertheless, according to Section 106 of the German Industrial Code (GewO), the employer has the right to issue instructions regarding consumption and can impose a ban on alcohol and drugs at the workplace, whether at home or on the employer's premises. This does not have to be explicitly agreed in the employment contract. It is sufficient if the employer makes use of its right to issue instructions in a suitable form and this can be exercised by the workforce, for example by means of emails, notices or information on the intranet, or even by written instructions that must be acknowledged by the employee.

There are good reasons for such a ban - prevention of accidents, productivity aspects, prevention of social conflicts in the workforce, just to name a few.

Labour courts have ruled that the employer is entitled to terminate the contract without notice if such a ban is not observed. Therefore, it is better not to challenge anything that you later regret and postpone the consumption of these substances until after work. :-)

I publish interesting questions about German employment law judgements on this blog regularly. If you need special advice tailored upon your individual case, don't hesitate to get in contact with me.

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